Applicant Name:  ?????

Application Receipt Date: 2008/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I humbly request a change in my discharge because, although I did not honor my commitment to my unit by taking illegal drugs. My awards, commitment to mission, and willingness to deploy regardless of conditions should be weight when making your decision. Six AAMs, two ARCOMs, NBC and Load Planning qualification where design to keep me in a high deployment state. I fullfilled one enlistment for four years with a discharge of HONORABLE from 1996 to 2000. I never missed a deployment nor have I ever, in 7 plus years, been written up for missing formation, insubordnation, failure for APFT, and always remained in accordance with AR-670-1. Hopefully the attached document will help when you make your decision. If Honorable is asking for too much then "General Under Honorable Conditions will due."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 040722
Discharge Received: 			   Date: 040831   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 119th CTC, 11th Trans Bn, 7th Trans GP, Fort Story, VA 

Time Lost: The unit commander's recommendation memorandum date 22 July 2004, makes reference to the applicant having been confined 26 days (040317-040412), as a result of the Summary Court-Martial which confined the applicant to 30 days.  This time lost was not shown on the applicant's DD Form 214 item 29.

Article 15s (Charges/Dates/Punishment): The unit commander's recommendation memorandum makes reference to the applicant having been confined 27 days (040317-040412), which period is not shown or referenced to on the applicant's DD Form 214 under review.

Courts-Martial (Charges/Dates/Punishment): SCM, 040317, Wrongful use of cocaine, reduction to E3, confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 001115    Current ENL Term: 03 Years  ?????
Current ENL Service: 	03 Yrs, 08Mos, 20Days Includes the period of confinement shown on the commander's recommendation memorandum.
Total Service:  		08 Yrs, 05Mos, 21Days ?????
Previous Discharges: 	RA-960214-000213/HD
                                       ARNG-000214-000327/HD
                                       USARCG-000328-000328/NA
                                       USAR-000329-001114/NA
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88H10/Cargo Specialist   GT: 101   EDU: GED   Overseas: KUWAIT/QUATAR/AFRICA   Combat: Djibouti (020823-021201)
Decorations/Awards: ARCOM-2, AAM-6, AGCM-2, NDSM, ASR, GWOTEM, GWOTSM


V.  Post-Discharge Activity
City, State:  Virginia Beach, VA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 22 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense for testing positive for cocaine and marijuana on or about (031029), and testing for positive for cocaine on or about (031216, 040305, and 040304), with a general, under honorable conditions discharge.  He was advised of his rights.  On 22 July 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action,  requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  On 22 July 2004, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 11 August 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst acknowledges the applicant's many successful accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  In view of the foregoing the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as result it is inequitable.  The Board found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to PFC/E3.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: PFC/E3
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004713
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